DHEERAJ ALIAS DHEERU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 92/2021 registered at Police Station Behror, District Alwar (Police District Bhiwadi) for the offence under Sec. (s) 365 and 379 of IPC and later on for the offence under Sec. (s) 302, 365, 379, 120B and 34 of IPC.

(2.) Learned counsel for the petitioner contended that it is a case of circumstantial evidence and the charge sheet is bereft of any evidence to connect him with the alleged offence. Drawing attention of this Court towards the statements of Narendra and Mahendra recorded under Sec. 161 Cr.P.C, he contended that they have not last seen the deceased in the company of the accused-petitioner; but, have seen some unidentified persons taking his goats. Learned counsel submitted that the petitioner came to be arrested on 6/2/2021; whereas, a goat was recovered allegedly at his instance on 15/2/2021 i.e. after 9 days from the date of arrest which raises serious doubt about its veracity. He submitted that no charge sheet has been filed against accused persons named in the FIR merely on the basis of information furnished by one of the co-accused on the notice given to him under Sec. 133 of Motor Vehicles Act, 1988. Learned counsel submitted that the prosecution witnesses refer involvement of the vehicle on the basis of CCTV footage; but, the same is not part of the charge sheet. He submitted that as per the prosecution story, Bhagirath died before 1/1/30 PM on 1/2/2021; whereas, the postmortem report of the deceased conducted on 4/2/2021 at about 3 PM reflects duration of death within 72 hours which casts a doubt on the prosecution story as to time of his death. Lastly, he submitted that test identification parade of the petitioner stands vitiated as it was conducted by the Sub-Jailor in violation of the provision contained under the Rajasthan Police Rules, 1965. He submitted that the petitioner is in custody since 6/2/2021, charge sheet has been filed and prayed for his release on bail.

(3.) Per contra, learned Public Prosecutor assisted by learned counsel for the complainant submitted that from the testimony of the prosecution witnesses especially Narendra and Mahendra, it is apparent that the petitioner was involved in murder of Bhagirath. They submitted that the petitioner has been identified by the witnesses who have last seen him taking away goats belonging to the deceased. They, therefore, prayed for rejection of the bail application.